Section 85.20 - Definitions

NONPRESCRIPTION DRUGS IN THE MEDICAID PROGRAM

85.20 Definitions. As used in the sections under the heading "Nonprescription Drugs in the Medicaid Program" (õ 85.20 et. seq. of this Part), unless the context otherwise requires:

(a) Nonprescription drug means a drug, commonly referred to as a nonlegend or over the counter drug, which may be sold at retail by a pharmacy to the general public. Neither Federal law nor regulations of the commissioner require that such drugs be distributed or dispensed on prescription. The provisions of Education Law, section 6810(1) and the first unnumbered paragraph of section 6816 are not applicable to the sale, distribution or dispensing of such nonprescription drugs.

(b) Medical assistance program means the New York State medical assistance to the needy program (Medicaid) authorized by article 5, title 11 of the Social Services Law.

(c) Commissioner means the Commissioner of Health of the State of New York.

(d) Package size of nonprescription drug means the amount of medication required to fill a request or order for such drug. Under the medical assistance program, reimbursement for nonprescription drugs shall not be greater than the price for the available manufacturers' package or unit size which most closely corresponds to the quantity requested on such written request or order.
 

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